113 HR 1447 RS: Death in Custody Reporting Act of 2013
U.S. House of Representatives
2014-11-20
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EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.This Act may be cited as the Death in Custody Reporting Act of 2013
.2.State information regarding individuals who die in the custody of law enforcement(a)For each fiscal year after the expiration of the period specified in subsection (c)(1) in which a
State receives funds for a program referred to in subsection (c)(2), the
State shall report to the Attorney General, on a quarterly basis and
pursuant to guidelines established by the Attorney General, information
regarding the death of any person who is detained, under arrest, or is in
the process of being arrested, is en route to be incarcerated, or is
incarcerated at a municipal or county jail, State prison, State-run boot
camp prison, boot camp prison that is contracted out by the State, any
State or local contract facility, or other local or State correctional
facility (including any juvenile facility).(b)The report required by this section shall contain information that, at a minimum, includes—(1)the name, gender, race, ethnicity, and age of the deceased;(2)the date, time, and location of death;(3)the law enforcement agency that detained, arrested, or was in the process of arresting the
deceased; and(4)a brief description of the circumstances surrounding the death.(c)Compliance and Ineligibility(1)Each State shall have not more than 120 days from the date of enactment of this Act to comply with
subsection (a), except that—(A)the Attorney General may grant an additional 120 days to a State that is making good faith efforts
to comply with such subsection; and(B)the Attorney General shall waive the requirements of subsection (a) if compliance with such
subsection by a State would be unconstitutional under the constitution of
such State.(2)For any fiscal year after the expiration of the period specified in paragraph (1), a State that
fails to comply with subsection (a), shall, at the discretion of the
Attorney General, be subject to not more than a 10-percent reduction of
the funds that would otherwise be allocated for that fiscal year to the
State under subpart 1 of part E of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.), whether characterized as the Edward Byrne Memorial State and Local Law Enforcement Assistance
Programs, the Local Government Law Enforcement Block Grants Program, the
Edward Byrne Memorial Justice Assistance Grant Program, or otherwise.(d)Amounts not allocated under a program referred to in subsection (c)(2) to a State for failure to
fully comply with subsection (a) shall be reallocated under that program
to States that have not failed to comply with such subsection.(e)In this section the terms boot camp prison and State have the meaning given those terms, respectively, in section 901(a) of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3791(a)).(f)Study and report of information relating to deaths in custody(1)The Attorney General shall carry out a study of the information reported under subsection (b) and
section 3(a) to—(A)determine means by which such information can be used to reduce the number of such deaths; and(B)examine the relationship, if any, between the number of such deaths and the actions of management
of such jails, prisons, and other specified facilities relating to such
deaths.(2)Not later than 2 years after the date of the enactment of this Act, the Attorney General shall
prepare and submit to Congress a report that contains the findings of the
study required by paragraph (1).3.Federal law enforcement death in custody reporting requirement(a)For each fiscal year (beginning after the date that is 120 days after the date of the enactment of
this Act), the head of each Federal law enforcement agency shall submit to
the Attorney General a report (in such form and manner specified by the
Attorney General) that contains information regarding the death of any
person who is—(1)detained, under arrest, or is in the process of being arrested by any officer of such Federal law
enforcement agency (or by any State or local law enforcement officer while
participating in and for purposes of a Federal law enforcement operation,
task force, or any other Federal law enforcement capacity carried out by
such Federal law enforcement agency); or(2)en route to be incarcerated or detained, or is incarcerated or detained at—(A)any facility (including any immigration or juvenile facility) pursuant to a contract with such
Federal law enforcement agency;(B)any State or local government facility used by such Federal law enforcement agency; or(C)any Federal correctional facility or Federal pre-trial detention facility located within the United
States.(b)Each report required by this section shall include, at a minimum, the information required by
section 2(b).(c)Information reported under subsection (a) shall be analyzed and included in the study and report
required by section 2(f).November 20, 2014Reported without amendment